# C_2020077EN.01000601.xml

| 9.3.2020 | EN | Official Journal of the European Union | C 77/6 |
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9.3.2020

EN

Official Journal of the European Union

C 77/6

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Judgment of the Court (Eighth Chamber) of 23 January 2020 (request for a preliminary ruling from the Bundessozialgericht — Germany) — ZP v Bundesagentur für Arbeit

(Case C-29/19) (1)

(Reference for a preliminary ruling - Social security - Migrant workers - Regulation (EC) No 883/2004 - Unemployment benefits - Calculation - Failure to take account of the final salary received in the Member State of residence - Reference period not of sufficient duration - Salary received following the employment relationship coming to an end - Person having previously been active as an employed person in Switzerland)

(2020/C 77/08)

Language of the case: German

Referring court

Bundessozialgericht

Parties to the main proceedings

Applicant: ZP

Defendant: Bundesagentur für Arbeit

Operative part of the judgment

| 1. | Article 62(1) and (2) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems must be interpreted as precluding legislation of a Member State which, while providing that the calculation of unemployment benefits is to be based on the amount of the previous salary, does not allow — where the period during which the person concerned was in receipt of a salary in respect of his or her last activity as an employed person pursued under that legislation is shorter than the reference period laid down by that legislation for determining the salary to be used as the basis for calculating unemployment benefits — for account to be taken of the salary received by the person concerned in respect of that activity. |
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1.

Article 62(1) and (2) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems must be interpreted as precluding legislation of a Member State which, while providing that the calculation of unemployment benefits is to be based on the amount of the previous salary, does not allow — where the period during which the person concerned was in receipt of a salary in respect of his or her last activity as an employed person pursued under that legislation is shorter than the reference period laid down by that legislation for determining the salary to be used as the basis for calculating unemployment benefits — for account to be taken of the salary received by the person concerned in respect of that activity.

| 2. | Article 62(1) and (2) of Regulation (EC) No 883/2004 must be interpreted as precluding legislation of a Member State which, while providing that the calculation of unemployment benefits is to be based on the amount of the previous salary, does not allow — where the salary received by the person concerned in respect of the last activity pursued as an employed person under that legislation was not calculated or paid until after his or her employment relationship came to an end — for account to be taken of the salary received by the person concerned for that activity. |
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2.

Article 62(1) and (2) of Regulation (EC) No 883/2004 must be interpreted as precluding legislation of a Member State which, while providing that the calculation of unemployment benefits is to be based on the amount of the previous salary, does not allow — where the salary received by the person concerned in respect of the last activity pursued as an employed person under that legislation was not calculated or paid until after his or her employment relationship came to an end — for account to be taken of the salary received by the person concerned for that activity.

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(1)  OJ C 103, 18.3.2019.

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